Payam Javan: A federal appeals court has ruled that President Donald Trump may deploy National Guard troops to address violence surrounding federal immigration facilities in Portland, Oregon. The Ninth Circuit Court of Appeals, in a 2–1 decision issued on October 20, stayed an earlier order by U.S. District Judge Karin J. Immergut, who had temporarily blocked Trump’s plan to federalize the Oregon National Guard. The ruling allows Trump’s administration to proceed while the underlying case—State of Oregon v. Trump—continues in the lower courts.

The appellate panel, comprising Judges Ryan Nelson, Bridget Bade, and Susan Graber, found that the administration was likely to prevail on the merits of its appeal, emphasizing that federal law authorizes the president to deploy National Guard troops when regular forces are insufficient to enforce U.S. laws. The panel cited persistent violence at Portland’s Immigration and Customs Enforcement (ICE) facilities, including arson attempts, attacks on officers, and public threats against federal personnel.

Judge Immergut’s initial order stemmed from a lawsuit filed by Oregon, which argued that the situation in Portland did not justify federal intervention. Immergut pointed to Trump’s statements on social media pledging to “protect war-ravaged Portland” and questioned whether the president had overstepped his legal authority. Oregon officials described recent protests as “calm and sedate,” while federal attorneys countered that officers faced ongoing threats and assaults.